StudioMazzeschi
Published in

StudioMazzeschi

Schengen-Europe

How to count your Schengen 90 days

Non-EU visitors can stay in the Schengen countries for maximum 90 days any 180 day period, but the calculation is not easy!

What is the β€œSchengen area”?

The Schengen area includes 26 EU countries:

π– π—Žπ—Œπ—π—‹π—‚π–Ί, π–‘π–Ύπ—…π—€π—‚π—Žπ—†, 𝖒𝗓𝖾𝖼𝗁 π–±π–Ύπ—‰π—Žπ–»π—…π—‚π–Ό, 𝖣𝖾𝗇𝗆𝖺𝗋𝗄, π–€π—Œπ—π—ˆπ—‡π—‚π–Ί, π–₯𝗂𝗇𝗅𝖺𝗇𝖽, π–₯𝗋𝖺𝗇𝖼𝖾, 𝖦𝖾𝗋𝗆𝖺𝗇𝗒, 𝖦𝗋𝖾𝖾𝖼𝖾, π–§π—Žπ—‡π—€π–Ίπ—‹π—’, 𝖨𝖼𝖾𝗅𝖺𝗇𝖽, 𝖨𝗍𝖺𝗅𝗒, 𝖫𝖺𝗍𝗏𝗂𝖺, π–«π—‚π–Ύπ–Όπ—π—π–Ύπ—‡π—Œπ—π–Ύπ—‚π—‡, π–«π—‚π—π—π—Žπ–Ίπ—‡π—‚π–Ί, π–«π—Žπ—‘π–Ύπ—†π–»π—ˆπ—Žπ—‹π—€, 𝖬𝖺𝗅𝗍𝖺, π–­π–Ύπ—π—π–Ύπ—‹π—…π–Ίπ—‡π–½π—Œ, π–­π—ˆπ—‹π—π–Ίπ—’, π–―π—ˆπ—…π–Ίπ—‡π–½, π–―π—ˆπ—‹π—π—Žπ—€π–Ίπ—…, π–²π—…π—ˆπ—π–Ίπ—„π—‚π–Ί, π–²π—…π—ˆπ—π–Ύπ—‡π—‚π–Ί, 𝖲𝗉𝖺𝗂𝗇, 𝖲𝗐𝖾𝖽𝖾𝗇, 𝖺𝗇𝖽 𝖲𝗐𝗂𝗍𝗓𝖾𝗋𝗅𝖺𝗇𝖽.

The Schengen visa (europa.eu)

These countries have signed an agreement that allows people their citizens to travel freely within their borders

See Visa policy (europa.eu)

Who does/does not need a visa to travel to Schengen?

Citizens from certain countries (for example USA, Canada, Japan, Australia) are allowed to enter and stay in the Schengen area for up to 90 days every 180 days without requiring a visa, while for other countries (for example China, India, etc.) any entry β€” despite the intended duration β€” will require a visa.

Do you need a visa to travel to Schengen? you can check it here:

https://ec.europa.eu/home-affairs/system/files/2020-09/visa_lists_en.pdf

Below you can scan an interactive map with a full list of countries whose citizens must have a visa when crossing the Schengen external borders and a list of countries whose citizens are exempt from that requirement

How long can you stay in the Schengen area?

Third-country nationals (e.g person who is not a citizen of the European Union and Iceland, Norway, Liechstein and Switzerland), irrespective of being visa required or exempt β€” who intend to travel to the Schengen area for a short trip, business or tourism, can stay for

How are the 90/180 days calculated?

Date of entry: shall be considered as the first day of stay on the territory of the Schengen Member State

Date of exit: shall be considered as the last day of stay in the Schengen Area.

This rule applies only to short-term visitora. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.

Reference to β€œany 180-day period” implies the application of a β€œmoving” 180-day reference period, looking backwards at each day of the stay (be it at the entry or at the day of an actual check), into the last 180-day period, in order to verify if the 90 days / 180-day requirement continues to be fulfilled.

Calculation is often not easy and the EU has created an online CALCULATOR

which can be used by any traveller. More detailed guidelines can be found in the USER MANUAL FOR USING THE SCHENGEN CALCULATOR.

What happens if you overstay the 90 days?

A non-EU national who stays in the Schengen area beyond 90 days (without a residence permit or long-stay visa) is illegally present, which can result in a re-entry ban to the Schengen area. Working in the Schengen area without a work permit is also illegal (even if less than 90 days) and can likewise result in a re-entry ban to the Schengen area.

Depending on each Member State, administrative and monetary penalties may also apply.

The new Entry/Exit System (EES): over-stayers shall be automatically identified

The Entry/Exit System (EES) will be operational in 2022 (starting date to be confirmed). It is an automated IT system for registering travellers from third-countries, both short-stay visa holders and visa exempt travellers, each time they cross an EU external border.

The system will register the person’s name, type of the travel document, biometric data (fingerprints and captured facial images) and the date and place of entry and exit.

EES will replace the current system of manual stamping of passports, which does not allow a systematic detection of over-stayers (travellers who have exceeded the maximum duration of their authorised stay).

EES will contribute to preventing irregular migration also identifying more efficiently over-stayers as well as cases of document and identity fraud.

See Entry-Exit System (europa.eu)

Disclaimer

The information provided on this article (i) does not, and is not intended to, constitute legal advice; (ii) are for general informational purposes only and may not constitute the most up-to-date legal or other information (iii) this website may contain links to other third-party websites. Such links are only for the convenience of the reader; (iv) readers should contact their attorney to obtain advice with respect to any particular legal matter.

--

--

--

Insights on immigration and citizenship trends

Recommended from Medium

How to Travel From the Suburbs to the City

Avoiding the tree change blues

Back That Month Up | Prague

First Impressions | MedellΓ­n

5 Travel Websites that Pay You to Write

Trying to Explain the Travel Bug.

Travelling Safely During Covid-19

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Marco Mazzeschi

Marco Mazzeschi

Marco Mazzeschi, attorney at law admitted in Milan and Taipei β€” www.mazzeschi.it

More from Medium

How the Pen fought the Pandemic

Sunday thoughts: How will the DfE deal with teacher pay claims this Autumn?

It’s all about eco-friendly technology

What Severance Tells us About Ourselves